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DERIVATIVE CITIZENSHIP
When parents have a child born overseas, their primary concern often revolves around ensuring citizenship for their child. The immigration process for children differs significantly from that of adults, and parents naturally worry about their children's future. However, with the guidance of an experienced lawyer, you can gain the necessary knowledge to alleviate these concerns. At Victoria Law, we understand the worries and needs of immigrant families, as many of our team members have gone through similar experiences. Do not hesitate to reach out to us today for a complimentary case evaluation.
What is Derivative Citizenship?
Derivative citizenship refers to the citizenship processes that apply to minor children, enabling them to gain citizenship based on their parents' status. This can occur in two primary ways: when the child's parents are U.S. citizens or when American citizens adopt the child.
Derivative Citizenship Through Parental Status
Children born overseas can sometimes acquire U.S. citizenship because their parents are already citizens. However, this process involves several factors and a complex formula. Even when the child becomes an adult, tracing their parents' citizenship and obtaining citizenship may still be possible. The process relies on intricate calculations considering the child's birthdate and the parents' naturalization date. It's important to note that children born out of wedlock to a non-citizen mother do not qualify for derivative citizenship through this route.
Derivative Citizenship Through Adoption
Adoption by a U.S. citizen is the most well-known pathway to derivative citizenship. While our lawyers do not specialize in facilitating adoptions, we are well-versed in handling derivative citizenship cases for adopted children as immigration lawyers.
Claiming U.S. Citizenship Based on Parentage
Individuals may be unaware of their claim to U.S. citizenship based on their parentage. For example, a person born outside of the United States to U.S. citizen parent(s) may have already derived citizenship through their parent(s) and could be eligible to obtain a Certificate of Citizenship as documented proof of their U.S. citizenship status. At Victoria Law, our team of experts can assist you in assembling and filing an Application for a Certificate of Citizenship (Form N-600 or N-600K) with the USCIS, based on biological, adoptive, or naturalized U.S. citizen parentage.
You May Claim U.S. Citizenship Through:
A U.S. Citizen mother or father
Both U.S. Citizen parents
A U.S. Citizen adoptive parent
One or more foreign-born parents who have become naturalized U.S. citizens.
Applying for U.S. Citizenship for a Minor Child
A U.S. citizen parent can apply for U.S. citizenship for their minor child, including biological and adopted children.
Difficulties in Claiming Citizenship
The Application for Certificate of Citizenship, Form N-600, can be challenging to navigate without experienced legal assistance. Failure to meet specific qualifications or provide evidence of citizenship may result in the rejection of your application by the USCIS. We encourage you to contact Victoria Law today to schedule a consultation. Our team of experts can evaluate your eligibility for citizenship and guide you through the complex application process. Contact Victoria Law today to start the process.
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